PRACTICE AND PROCEDURE – application for orders for preservation of documents – where orders made referring the issue of the extent and nature of discovery for consideration at a conference by a registrar – where applicant alleges that system updates to computing software used by the respondent may compromise the discovery process – whether likely that documents will be lost or destroyed – whether preservation orders appropriate in the circumstances – held materials in support of application do not reveal a basis for concern that critical documents will be destroyed or lost – orders as sought by the applicant would circumvent the conference to be convened before the registrar – application dismissed
Related cases – asset preservation orders
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Krejci in his capacity as liquidator of Myoora Land Pty Ltd (in liq) v Myoora Land Pty Ltd [2023] FCA 620
CORPORATIONS – winding up – ex parte application under r 10.44 of Federal Court Rules 2011 by liquidator to serve examination summons under ss 596A and 596B and summons to produce under s 597(9) of the Corporations Act 2001 (Cth) outside Australia on non-citizens resident overseas – whether examination summons under s 596A or summons…
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J & J Richards Super Pty Ltd v Linchpin Capital Group Limited (Settlement Approval) [2023] FCA 656
REPRESENTATIVE PROCEEDINGS – application for settlement approval pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) – where all group members represented by same solicitors – where proposed settlement resolves part of the justiciable controversy – content of Court’s protective and supervisory role under Pt IVA – authority of representative applicant…
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Langford v RCL Cruises Ltd t/as Royal Caribbean Cruises [2023] FCA 626
PRIVATE INTERNATIONAL LAW – application for temporary stay of proceedings – where parallel proceedings commenced by applicants in the United States of America – where Australian proceedings commenced as a “holding action” to preserve claims against expiration of limitation periods – forum non conveniens principles not applicable to applications for temporary stay – discretionary factors…
